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(영문) 창원지방법원 2020.08.13 2020고단1808
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[Criminal Power] On October 4, 2010, the Defendant was issued a summary order of KRW 2 million at the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 12, 2020, the Defendant, while under the influence of alcohol 0.142% of blood alcohol level around 01:07, driven approximately 5m Rab Dop-do Dop-dong, Kimhae-si, and then driven a Dop-do Dop-do car at the parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine (at least once every ten years, and in this case, considering the degree of moving the parking location even after using substitute driving, etc.);

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation ( considered for the above reasons);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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